Help! I paid $900 on ebay and never received my parts. When i filed a claim with ebay the person i need to sue canceled her ebay account. I have e-mailed her and i have called her home and left her messages on her answering machine. She is ignoring me. Paypal was no help they only gave me $100 back. I was told i will need to go to California to sue her, I live in South Carolina. Is their any other way to do this? Any help whatsoever would be greatly appreciated. I don't want to loose $900 especially with Christmas being next month.
2006-11-20 07:29:27 · 4 answers · asked by ♥ purrlvr ♥ 6 in Politics & Government ➔ Law & Ethics
Contact the sate attorney general's office in California under the consumer protection division. What this person did could be construed as a felony, and they will end up in jail. It falls under federal jurisdiction as well because they used an interstate commerce (the internet) to commit fraud. You can sue them later, but that will involve filing it in a California court. The criminal court will get you your money back and you will have the satisfaction of knowing this person is in jail. They may even get you a little extra in restitution.
Contact your local district attorney's office as well. Your local police department can help, but all they will do is take a statement and contact the DA for getting in contact with CA.
DO NOT CONTACT THIS PERSON ANYMORE. If you alert them to a criminal investigation, they could take steps to make it more difficult for law enforcement to find them.
Contact your bank or credit card company immediately. They will submit a claim and may be able to put a lein on the thief's account, and may be able to get your funds back faster.
Goodluck!
2006-11-20 07:37:37 · answer #1 · answered by Discipulo legis, quis cogitat? 6 · 0⤊ 0⤋
if you paid by credit card then one option which you have (but dont know about) is that you can always call your credit card provider and tell them to cancell the transaction. basically whatever claim you ahve against the seller you can assert against the credit card. meaning: call your credit card and tell them to cancell the payment because you did not get your parts. the credit card company has to comply. they stand in the shoes of that seller not. basically they will be on the hook to investigate and determine whether she is right or wrong. However, payment must be with credit card, not debit card. ALSO, if you get a credit card bill that lists this charge, you can pay your bill, BUT notify your company in writing that you are NOT paying that portion of the bill that is attributable to the 900 you spent on the part. DO NOT PAY THE 900 if thats the only charge on your credit card, you loose this protection if you actually pay the portion of charge. Also, im not sure how this works with Pay Pal and all so the rule may be somewhat different, so run it passed another person. BUT call your credit card company right away, they know how to handle these things.
2006-11-20 23:21:16 · answer #2 · answered by marc n 1 · 0⤊ 0⤋
Isn't Paypal supposed to have a $1000 money-back guarantee? Can't you sue paypal? You may not have to go to California to file a claim in small claim's court. If you have all of your documentation, you may be able to file online or though the mail. I you have the seller's address, then you can find out which district courthouse to file through because you will know which county or town she lives in. Try calling her local courthouse and asking them.
2006-11-20 15:33:28 · answer #3 · answered by badkitty1969 7 · 0⤊ 0⤋
its a small claims court thing
You have to file in her home state in small claims court, $35 to file alledging that she did not deliver parts.
she will have to produce proof that she did.
Show that paypal refunded you only $100 and you're oinly going after her for the remainder of the balanace, and whatever expenses you needed to get that money
If she does't show up, an automatic judgement will be issued for you, and then you'll have to arranged a person to go to her home to hand her the judgement
collecting is another matter.
In short, yes you have to file in california (if that is where she lives) in the county court where she resides.
2006-11-20 15:51:19 · answer #4 · answered by arus.geo 7 · 0⤊ 0⤋